What is a “risk-utility” defense to a product liability claim?

A “risk-utility” defense to a product liability claim is a legal argument used by individuals or corporations that manufacture, sell, or distribute a product. It is used to protect them from any responsibility for a product that causes harm. The basis of the defense is that the risks of the product are outweighed by its utility and, therefore, the defendant should not be held liable for the injury or damage caused by the product. In South Carolina, manufacturers, distributors, and retailers can use the risk-utility defense as part of their product liability claim. This type of defense is especially useful if the defendant can prove that the product was designed safely and that the risk of harm could not reasonably have been discovered or anticipated before the product was sold. For a risk-utility defense to be successful, the defendant must prove that the product has a reasonable and acceptable use, that those who use the product know the risks, and that the utility of the product outweighed the risks. The defendant must also prove that alternative designs would not have eliminated the risk without significantly reducing the utility of the product. In summary, a “risk-utility” defense to a product liability claim is a legal argument used to protect individuals or corporations from responsibility for a product that causes harm. It is based on the fact that the risks of the product are outweighed by its utility. To make the defense successful, the defendant must prove that the product has a reasonable and acceptable use, that those who use the product know the risks, and that the utility of the product outweighed the risks.

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What is a “risk-utility” defense to a product liability claim?

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